SINIXT NATION CHALLENGES ATTORNEY GENERALS PETITION TO DISMISS APPEAL

SLOCAN VALLEY, BC June 10, 2012On June 4th, 2012 the Attorney General filed a Petition to dismiss the Appeal of the Sinixt Nation inTHE SUPREME COURT OF BRITISH COLUMBIAIn the matter of Section 2 of the Judicial Review Procedure Act, R.S.B.C. 1996, c. 241and British Columbia Timber Sale Licence A80073issued under the Forest Act [RSBC 1996] Chapter 157

BETWEEN:

VANCE ROBERT CAMPBELL, MARILYN JAMES, LOLA JON CAMPBELL,TARESS ALEXIS and ROBERT WATT, Directors of the Sinixt Nation Society,representative body of the SINIXT NATION, on their own behalf and on behalf ofTHE SINIXT NATION and THE SINIXT NATION SOCIETY

PETITIONERS

AND:MINISTER OF FORESTS AND RANGE OF BRITISH COLUMBIA ANDSUNSHINE LOGGING (2004) LTD.

RESPONDENTS

on the grounds that the cut blocks and development were completed and therefore the appeal is moot.

David Aaron, Counsel for Sinixt Nation argued that it is not moot since there is new planning for road extension and areas of interest as shown on Ministry’s Map and discussed in BCTS e-mails. Future monitoring and consultation, due to damages, are required, which further supports the need for the Appeal.

Integrated Hydropedology September 12th Report, authored by Dr. Tony Salway identified early damages. The report was commissioned for the Perry Ridge Water Users Association and funded by WCEL and submitted to the courts. Dragonfly Creek, which drains from Dragonfly Lake, an area recently logged by Sunshine Logging, damaged private property from increased runoff this spring. As a result the Appeal was not heard as scheduled for the 4th and 5th. A decision whether the Appeal can proceed or not will be decided within the next few weeks. If it is agreed the appeal should proceed then it will be heard in the fall.

Meanwhile there is no consultation and the road extension is ribboned on top of Perry Ridge and “the areas of interest” are being assessed for future cutblocks. “ Sinixt have a title claim and that entitles our people to consultation and to our aboriginal rights under the constitution.” Ms James continues,

“We have the right to be who we are, represent who we are and follow the laws of our people to protect our territory, which includes the water, land, wildlife, burial grounds and village sites of our people. Sinixt interests are not represented by any other group. The interests of the Sinixt were acknowledged at the CORE table and have remained the same regarding these interests.”

Sinixt Nation and the community continue to hold fundraising events to help with the monumental costs of independent study and monitoring needed in using the courts to make governments accountable.